Third Democratic state lawmaker pleads guilty to COVID unemployment fraud

Federal prosecutors indicted her in December on two counts of theft of government funds and 10 counts of making false statements. Henderson, a Covington Democrat, pleaded guilty to only one count of making false statements Thursday.

In a statement, Paul Kish, Henderson’s attorney, noted that his client had previously never committed a crime and said she “made a regretful decision and mistake during the stressful early phases and uncertainty of the COVID epidemic.”

It’s the latest development in a campaign by the U.S. Attorney’s Office for the Northern District of Georgia targeting government officials for improperly receiving pandemic unemployment benefits.

In March, former Democratic state Rep. Dexter Sharper pleaded guilty to lying to the government to receive unemployment benefits. And former Democratic state Rep. Karen Bennett was sentenced to time served in April after pleading guilty to a felony charge for lying to the government.

Henderson previously claimed she was unfairly targeted for federal prosecution. But a review by a magistrate judge in April recommended rejecting Henderson’s request to dismiss the indictments against her.

U.S. Magistrate Judge Regina Cannon wrote “there is no evidence to suggest that she was unlawfully targeted for prosecution, nor that prosecutors in this District utilized improper methods to secure the Indictment.”

Assistant U.S. Attorney Garrett L. Bradford said Henderson collected nearly $18,000 in pandemic unemployment benefits during the lockdown, which began in March 2020, falsely claiming to be unable to return to work as a substitute teacher for the Henry County School District. But Henderson had not worked there since 2018, he said.

Federal prosecutors recommended sentencing Henderson to one year of probation, with the first two months being served in home detention, according to the plea agreement. They also recommended she pay $17,811 in restitution.

U.S. District Judge Michael L. Brown said the 67-year-old would be sentenced Nov. 3.

Republican Gov. Brian Kemp suspended Henderson from her legislative post in January. Amid the tumult, Henderson launched a bid for state Senate District 43, which covers parts of Rockdale County. She finished second in a three-person May Democratic primary. Incumbent state Sen. Tonya Anderson won by a wide margin.

A governor’s office spokesperson did not immediately respond to a request for a comment about whether there would be a special election to fill Henderson’s seat in the General Assembly. The General Assembly is not in session, but Kemp could call a special session to redistrict the state before the scheduled end of Henderson’s term in office.